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As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Am. S. B. No. 22 |
SENATORS DRAKE-CUPP-LATTA-SUHADOLNIK-McLIN-DiDONATO-LATELL-
NEIN-KEARNS-GAETH
A BILL
To amend section 5503.01 of the Revised Code to provide that a person who
attains the age of 35 years while attending a training school for prospective
state highway patrol troopers cannot be disqualified as over age and to
declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5503.01 of the Revised Code be amended to read as
follows:
Sec. 5503.01. There is hereby created in the department of
public safety a division of state highway patrol which shall be
administered by a superintendent of the state highway patrol.
The superintendent shall be appointed by the director of
public safety, and shall serve at his THE DIRECTOR'S pleasure.
The
superintendent shall give bond for the faithful performance of
his THE SUPERINTENDENT'S OFFICIAL duties in such amount and with
such security as the director
approves.
The superintendent, with the approval of the director, may
appoint any number of state highway patrol troopers and radio
operators as are necessary to carry out sections 5503.01 to
5503.06 of the Revised Code, but the number of troopers shall not
be less than eight hundred eighty. The number of radio operators
shall not exceed eighty in number. At EXCEPT AS PROVIDED IN THIS
SECTION, AT the time of appointment,
troopers shall not be NOT less than twenty-one years of age, nor
have
reached thirty-five years of age, and. A PERSON WHO IS
ATTENDING A TRAINING SCHOOL FOR
PROSPECTIVE STATE HIGHWAY PATROL TROOPERS ESTABLISHED UNDER
SECTION 5503.05 OF THE REVISED
CODE AND ATTAINS THE AGE OF
THIRTY-FIVE YEARS DURING THE PERSON'S PERIOD OF ATTENDANCE AT
THAT TRAINING SCHOOL SHALL NOT BE DISQUALIFIED AS OVER AGE AND
SHALL BE PERMITTED TO CONTINUE TO ATTEND THE TRAINING SCHOOL
AS LONG AS THE PERSON OTHERWISE IS ELIGIBLE TO DO SO. SUCH A PERSON
ALSO
REMAINS ELIGIBLE TO BE APPOINTED A TROOPER. ANY
OTHER PERSON WHO ATTAINS OR WILL
ATTAIN THE AGE OF THIRTY-FIVE YEARS PRIOR TO THE TIME OF
APPOINTMENT SHALL BE DISQUALIFIED AS
OVER AGE.
AT THE TIME OF APPOINTMENT, TROOPERS shall have been legal
residents of Ohio for at least one year, except that the THIS
residence requirement may be waived by the superintendent. No
person can be disqualified as over age prior to the time he
reaches thirty-five years of age.
If any state highway patrol troopers become disabled
through accident or illness, the superintendent, with the
approval of the director, shall fill any vacancies through the
appointment of other troopers from a qualified list to serve
during the period of the disability.
The superintendent and state highway patrol troopers shall
be vested with the authority of peace officers for the purpose of
enforcing the laws of the state that it is the duty of the patrol
to enforce and may arrest, without warrant, any person who, in
the presence of the superintendent or any trooper, is engaged in
the violation of any such laws. The state highway patrol
troopers shall never be used as peace officers in connection with
any strike or labor dispute.
Each state highway patrol trooper and radio operator, upon
his appointment and before entering upon his OFFICIAL
duties, shall take
an oath of office for faithful performance of his THE TROOPER'S OR
RADIO OPERATOR'S OFFICIAL duties and
execute a bond in the sum of twenty-five hundred dollars, payable
to the state and for the use and benefit of any aggrieved party
who may have a cause of action against any trooper or radio
operator for misconduct while in the performance of his OFFICIAL
duties.
In no event shall the bond include any claim arising out of
negligent operation of a motorcycle or motor vehicle used by a
trooper or radio operator in the performance of his OFFICIAL
duties.
The superintendent shall prescribe a distinguishing uniform
and badge which shall be worn by each state highway patrol
trooper and radio operator while on duty, unless otherwise
designated by the superintendent. No person shall wear the
distinguishing uniform of the state highway patrol or the badge
or any distinctive part of that uniform, except on order of the
superintendent.
The superintendent, with the approval of the director, may
appoint necessary clerks, stenographers, and employees.
Section 2. That existing section 5503.01 of the Revised Code is hereby
repealed.
Section 3. This act is hereby declared to be an emergency measure necessary
for the immediate preservation of the public peace, health, and safety. The
reason for such necessity is that the equities addressed by the act require
its
implementation prior to the commencement of a class for prospective State
Highway Patrol troopers on May 15, 1997. Therefore, this act shall go into
immediate effect.
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